This Election Cycle is unique in the History of the USA because three men who have put themselves forward as Candidates for the Office of POTUS have problems of Eligibility under Article II of the Constitution of the United States.

Strangely, the only one who has been challenged at all is the only one with a solid argument in his favor in terms of the Law as it stood in 1787, and that is Senator John McCain. The other two men are still there, one is still trying to become POTUS, Senator Barack Obama, and the other is still trying for the VPOTUS slot, Governor Bill Richardson.

Gov. Richardson was born on US Soil and is a US Citizen by Birth under the Immigration and Nationality Act 1952 and the XIVth Amendment to the Constitution of the USA. Unfortunately, under Article 30 of the Mexican Constitution and the Mexican Federal Law of Nationality, Governor Richardson is also a Natural Born Citizen of Mexico. There seems to be no mechanism whereby he could have ceased so to be, and it is my contention that under Article II of the Constitution and all Precedent Law no Dual National is Eligible for President. Governor Richardson probably is Eligible to be President of Mexico but not POTUS!

Senator John McCain was born in the Panama Canal Zone, which was not, according to the State Department, US Territory. He was apparently born either on a US Naval Base, or in any event in the purlieus of one, which was not, according to the State Department, US Territory. According to Panamanian Law he may have been a Citizen of Panama by Birth.

Sen. McCain was a Citizen by Birth of the United States under the appropriate US Laws at the time of his Birth and according to a non-Binding Resolution of the US Senate acting under the implied powers of the XXVth Amendment to the Constitution of the USA. According to the Panamanian Legal Code, if he ever held Panamanian Citizenship, which he has never claimed by thought, word, act, or deed, he voided Panamanian Nationality when he joined the US Navy. Sen. McCain is clearly Eligible under the Law as it stood in 1787 and under Article II of the Constitution of the USA. This is and always has been, a non-Issue!

Natural Born Citizenship has to be determined under the Common Law as it stood in 1787, not by any subsequent Law, or Regulation. Neither the XIVth Amendment nor any other enactment changes Article II at all, though the Act of 1790 speaks to intention.

Finally we come to Senator Barack Obama and fall into a swamp of legality and pseudo legality.

Senator Barack Obama states, on his own website, that he is a Citizen of the United States of America under the XIVth Amendment. I, personally, don’t doubt that but the XIVth Amendment has nothing to do with Eligibility for the Office of POTUS!! That is Article II of the Constitution of the USA.

The XIVthAmendment has to do withCitizens by Birth and Naturalized Citizens. Governor Schwarzenegger is a Citizen under the XIVth Amendment, so are Rupert Murdoch, George Soros, Anthony Hopkins and Keanu Reeves!! Obama is a Lawyer, he taught Constitutional Law, he studied under Professor Laurence Tribe; he knows just how meaningless and pointless this statement is in context!! He co-sponsored the Resolution in favor of McCain, so he knows Current Law is not the Issue here but that what matters is the Law as it stood in 1787!

Was he, himself, born outside the USA? Maybe, I doubt it, but maybe and I shall deal with that issue.

Is he, or was he, a Dual, or Multiple, Citizen? I believe so, indeed I am firmly convinced of it and I am convinced that if he is, or was, he is INELIGIBLE for the Office of POTUS.

Remember the US State Department says:

“A U.S. citizen may acquire foreign citizenship by marriage, or a person naturalized as a U.S. citizen may not lose the citizenship of the country of birth. U.S. law does not mention dual nationality or require a person to choose one citizenship or another.”

and:

“The U.S. Government recognizes that dual nationality exists but does not encourage it as a matter of policy because of the problems it may cause. Claims of other countries on dual national U.S. citizens may conflict with U.S. law, and dual nationality may limit U.S. Government efforts to assist citizens abroad. The country where a dual national is located generally has a stronger claim to that person’s allegiance.

“However, dual nationals owe allegiance to both the United States and the foreign country. They are required to obey the laws of both countries. Either country has the right to enforce its laws.”

This, in plain terms means that a Dual National could not, under any circumstances, be Eligible. Additionally, if Naturalized Citizens are Ineligible because of the Legal principle of “The Appearance of Foreign Allegiance” which they are, and always have been, a former Dual National/Dual Citizen MUST be in exactly the same position vis a vis Article II.

Senator Obama has created this problem. It is purely and absolutely his own fault that he has not “come clean” about his childhood, youth and background. If a problem exists, he didn’t initially create it but he has covered it up in so many layers of obfuscation and outright untruth that he has made things much worse and much more complicated than they need to be.

There are three Basic Questions regarding his Eligibility:

a) Was he born a UK and Colonies Subject/National and did he subsequently become a Kenyan Citizen?

b) Was he an Indonesian Citizen?

c) Was he born outside the United States, for example in Canada?

If any, or worse all of these things were/are true he is Ineligible for the Office of POTUS under Article II of the Constitution of the United States.

Since he is a Constitutional Lawyer he knows that this is true and he is standing in spite of it. It is an odd twist of US Law that there is nothing to stop an Ineligible Candidate from running for the Office, only to stop them from serving as POTUS. Make of that what you will; I have a theory.
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http://texasdarlin.wordpress.com/2008/07/26/divided-loyalties-obamas-eligibility-problem-part-2/#more-918